Everyone is guilty of a misdemeanour who wilfully makes or causes to be made any false entry in the registry book of the Stationers' Company (r). Making, or knowingly having, without lawful authority or excuse, plates or other implements in imitation of those peculiarly used in the manufacture of such bills, &c., as exchequer, treasury or metropolitan bills, bonds, debentures, is a felony punishable by penal servitude (s); or making or having paper in imitation of that used for such bills, &c., or taking any impression from any plate, &c., as aforesaid (t). Purchasing, receiving, or having in possession, paper or plates made by authority for the purpose of such bills, &c., is a misdemeanour punishable by imprisonment (u). Similar provisions are made as to bank notes (u). It is a felony, punishable by penal servitude or imprisonment, to forge, alter, offer, utter, dispose or put off (knowing the same to be forged or altered), a transfer of stock or power of attorney for transferring stock or for receiving dividends (); attestation to any such power of attorney (w); false entry or alteration in the books of the public funds, or transfer of public stock (a); false dividend warrant by employés of Bank of England or of Ireland (y), East India bonds or assignments thereof (~), exchequer bills, bonds or debentures, or assignments thereof, or receipts for interest thereon (a); bank notes or bank bills, or the indorsement or assignment thereof (b); deeds, bonds, assignments of bonds, or names of attesting witnesses thereto (c); wills or codicils (d); bills of exchange or 23 & 24 Vict. c. 38, s. 8. See (t) 24 & 25 Vict. c. 98, s. 10. any acceptance, indorsement or assignment thereof; promissory notes, or any indorsement or assignment thereof (e); undertakings, warrants, orders, receipts, &c. for payment of money (such as cheques on bankers), delivery or transfer of goods, &c. (f); obliterating or altering crossings on cheques (g); debentures (h); proceedings, &c. of courts of records, or documents intended to be used as evidence therein (i); false copies or certificates of record by an officer of the Court (j); instruments made evidence by statute (k); court roll or copy thereof relating to copyhold estates (7); certificates and other writings relating to the registry of deeds (m); stock certificates or coupons, &c. issued by the Bank of England for the payment of interest on the National Debt (n); trade marks and trade mark registers (o); money orders issued under the Post Office Money Orders Act, 1880 (p). Independently of the above and many more statutory provisions, forgery at common law is a misdemeanour, punishable by fine or imprisonment, or both. Offences relating to trade marks are dealt with by the Merchandise Marks Act, 1887 (50 & 51 Vict. c. 28). To falsely and deceitfully personate the owner of any share or interest in any stock, annuity, or public fund, which is transferable at the Bank of England or of Ireland; or the owner of any share or interest in any capital stock of any body corporate, company, or society established by charter or Act of Parliament; or the owner of any dividend or money payable in respect of any such share or interest; and thereby to transfer, or endeavour to transfer, any such share or interest, or 24. (e) 24 & 25 Vict. c. 98, ss. 22, (f) Sect. 23. (g) Sect. 25. (h) Sect. 26. (i) Sect. 27. (j) Sect. 28. (k) Sect. 29. (2) Sect. 30. (m) Sect. 31. (n) 33 & 34 Vict. c. 58, ss. 3, 6. (0) 50 & 51 Vict. c. 28; 46 & 47 Vict. c. 57, s. 93. (p) 43 & 44 Vict. 33. receive, or endeavour to receive, any money so due, as if the offender were the true and lawful owner, is a felony, punishable by penal servitude to the extent of life (2). To falsely and deceitfully personate any person or his heir, or personal representative, or any of his relatives, with intent fraudulently to obtain any land, chattel, money, valuable security or property, is a felony, punishable by penal servitude (~). (g) 24 & 25 Vict. c. 98, s. 3; 33 & 34 Vict. c. 58, s. 4; 26 & 27 Vict. c. 73, s. 14; 30 & 31 Vict. c. 131, s. 35. (r) 37 & 38 Vict. c. 36, ss. 1, 2. Book VI. MATTERS AFFECTING PARTICULAR PERSONS DEALING WITH CHOSES IN ACTION. CHAPTER I. OF EXECUTORS AND ADMINISTRATORS. A PROMISE by an executor or administrator to pay a debt of the testator, or to answer damages, will not render him personally liable, unless there be a valuable consideration, to support such promise; for the executor's mere promise goes no further than to render the testator's assets liable therefor in the executor's hands (a). If there be no such assets, the promise is nudum pactum (b); a promissory note to pay given by the executor is bad, if upon no consideration (c). To ask and receive time for payment is sufficient consideration to support the executor's promise and make him personally liable to pay de bonis propriis (d). So an executor's undertaking to pay interest on a debt not carrying interest in consideration of forbearance by the creditor, will make the executor personally liable for principal and interest, provided the undertaking otherwise conform to the demand of the (a) Reech v. Kennegal, 1 Ves. Sen. 126. (b) Pearson v. Henry, 5 T. R. 6; 2 R. R. 523; Rann v. Hughes, 7 T. R. 350, n. (a). (c) Nelson v. Searle, 4 M. & W. 795; Ridout v. Bristow, 1 Cr. & J. 231. (d) Chambers v. Leversage, Cro. Eliz. 644; Davis v. Reyner, 2 Lev. 3; Hawes v. Smith, Id. 122; Goring v. Goring, Yelv. 11; Trewinian v. Howell, Cro. Eliz. 91; Rann v. Hughes, 7 T. R. 350, n. (a). Statute of Frauds (e). Similarly, if the promise be given in consideration of the creditor sending in more goods, the executor becomes liable for both testator's and his own orders (ƒ). An attorney delivering up to an executor documents, which he was not obliged so to deliver till his bill was paid, and these documents being of great use to the executor in several suits then pending, is a sufficient consideration to make the executor personally liable for the whole of the attorney's bill, whether there were assets or not (g). Even where a person promises that if the widow of the intestate will permit him to be joined with her in the letters of administration, he will make good any deficiency of assets to pay debts; such a promise will be binding and not within the Statute of Frauds (h). And it was held that such a promise would be enforceable by the creditors, in a Court of equity, through the widow, because it was to be considered as made to her in trust for them. And wherever the executor or administrator is personally responsible, the judgment will be de bonis propriis, though he be charged as promising as executor (i). By the Statute of Frauds, however, in order that an executor's promise may render him personally liable "to answer damages out of his own estate," the agreement so to do must be in writing and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized (j). Agreement meant consideration for the promise as well as the (e) Bradly v. Heath, 3 Sim. 543, 548; Russell v. Haddock, 1 Lev. 188. (f) Wheeler v. Collier, Cro. Eliz. 406. (g) Duchess of Hamilton v. Incledon, 4 Bro. P. C. 4. See also Forth v. Stanton, 1 Wms. Saund. 210. (h) Tomlinson v. Gill, Ambl. 330; Griffith v. Sheffield, 1 Eden. 77; Gregory v. Williams, 3 Mer. 590; 17 R. R. 136. (i) Powell v. Graham, 7 Taunt. 585; 18 R. R. 593; Wigley v. Ashton, 3 B. & Al. 101; Corner v. Shew, 3 M. & W. 350. (j) 29 Car. II. c. 3, s. 4. |